Bill > HB238

This bill amends New Mexico's Workers' Compensation Act to clarify when intoxication or drug influence can affect an injured worker's benefits. Specifically, it removes language that denied compensation for injuries caused by a worker's intoxication and instead establishes that compensation benefits can be reduced by the degree to which intoxication or influence contributes to the injury or death, with reductions ranging from a minimum of 35% to a maximum of 85%. The bill defines "intoxication" or "influence" as a temporary state of impaired function due to alcohol, drugs, controlled substances, or a combination thereof, but excludes prescribed medications taken as directed, unless combined with alcohol or non-prescribed substances. It also outlines requirements for testing procedures and certification of laboratories, mandates that employers have a written drug and alcohol-free workplace policy to claim reductions, and clarifies that medical benefits are not affected by these reductions. Additionally, the bill repeals a previous section related to compensation reduction due to drug influence.